Delhi High Court
Mahboob @ Mahboob Khan vs The State Nct Of Delhi & Ors. on 21 September, 2017
$~3 & 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 21.09.2017
+ CRL.M.C. 2901/2017
MAHBOOB @ MAHBOOB KHAN ..... Petitioner
Through: Mr. S.A. Sattar, Advocate with
Mr.Ajmal Farooqui, Advocate along with
petitioners in person.
versus
THE STATE NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Tarang Srivastava, APP for the State
with W/SI Brahmo Devi, PS South Campus, Delhi.
Respondent No.2 in person.
+ W.P.(CRL) 1032/2017
MAHBOOB & ORS. ..... Petitioners
Through: Mr. S.A. Sattar, Advocate with
Mr.Ajmal Farooqui, Advocate along with
petitioners in person.
versus
STATE DELHI ADMIN & ANR ..... Respondents
Through: Ms. Nandita Rao, ASC for the State with
ASI Pritam Singh, PS Ambedkar Nagar.
Respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE VINOD GOEL
CRL. M.C 2901/2017 &
W.P. (CRL). No.1032 /2017, Page 1 of 6
VINOD GOEL, J. (Oral)
CRL.M.C. 2901/2017
1. Status report has not been filed.
1.1 The respondent No.2 Ms.Salma Bano appears in person. She is
accompanied by her parents. She is duly identified by IO W/SI
Brahmo Devi.
1.2 Pursuant to the order dated 28.07.2017, the petitioner has filed the
amended memo of parties after mentioning the correct name of his
father. The same is taken on record.
1.3 The petitioner has approached this Court under Section 482 of the
Code of Criminal Procedure, 1973 (in short Cr.P.C.) for quashing of
the FIR bearing No.87/2016, registered on 12.02.2016 against him,
with Police Station South Campus, South District, Delhi under
Sections 354/323/506/509 IPC on the complaint of respondent no.2.
W.P.(CRL) 1032/2017
2.1 Status report is on the record.
2.2 The respondent No.2 Ms.Salma Bano appears in person. She is duly
identified by IO ASI Pritam Singh.
2.3 Amended memo of parties has been filed pursuant to the order dated
28.07.2017. The same is taken on record.
2.4 The petitioners have invoked the writ jurisdiction of this court under
Article 226 of the Constitution of India read with Section 482 of
Cr.PC for quashing of the FIR bearing No.464/2016, registered on
11.08.2016 against them with Police Station Ambedkar Nagar, South
CRL. M.C 2901/2017 &
East District, Delhi, under Sections 498A/406/34 IPC on the
complaint of respondent No.2.
3. It is submitted by learned counsel for the parties that it was basically a
matrimonial dispute between the petitioner Mahboob @ Mahboob
Khan and respondent No.2.
4. The marriage of petitioner Mahboob @ Mahboob Khan was
solemnised with respondent No.2 on 22.09.2013 as per Muslim law
and customs. However, out of this wedlock no child was born.
5. After solemnization of their marriage, the petitioner Mahboob @
Mahboob Khan and respondent No.2 started residing together in the
matrimonial home. Due to some temperamental differences between
the said petitioner and the respondent no. 2, they could not reconcile
with each other. Resultantly, the respondent no.2 left the matrimonial
home on 17.11.2014 and started residing separately with her parents.
6. Initially the respondent No.2 lodged FIR No.87/2016 against the
petitioner No.1. She lodged a complaint with CAW Cell which
culminated into FIR No.464/2016 against all the petitioners. She
preferred a petition under Section 12 of the Domestic Violence Act,
2005 (in short D.V. Act) before the learned MM Mahila Court, Saket
New Delhi against the petitioners. She filed one criminal appeal
bearing No.2/2017 before the learned ASJ, Saket, New Delhi
impugning the order dated 05.12.2016 passed by the learned MM,
Mahila Court, Saket, New Delhi. The petitioner Mahboob @
Mahboob Khan preferred one civil suit bearing No.78/2015 for
CRL. M.C 2901/2017 &
restitution of conjugal rights against the respondent No.2 before the
learned Civil Judge, Junior Divison, Sri Ganga Nagar, Rajasthan.
7. On making a reference by Learned Special Judge (PC Act) (CBI)
(South District) Saket Court, New Delhi, in the said appeal, the parties
appeared before the learned Mediator, Delhi Mediation Centre, Saket
Court, New Delhi. On 15.03.2017, the petitioner Mahboob @
Mahboob Khan and respondent no.2 had amicably resolved and
settled all their disputes. The petitioner Mahboob @ Mahboob Khan
and the respondent no. 2 had decided to part company of each other. It
was agreed that the petitioner Mahboob @ Mahboob Khan shall
pronounced Talak to the respondent No.2 as per the muslim law. The
petitioner had agreed to pay a total sum of Rs.5,02,100/- to the
respondent no. 2 in full and final settlement of her all claims including
the maintenance, mehar, costs of dowry/stridhan articles.
8. The respondent No.2 states that she had voluntarily settled and
resolved all disputes with the petitioners without any force and
coercion. The petitioner Mahboob @ Mahboob Khan and respondent
No.2 submit that talaknama was executed on 28.03.2017 by them
when divorce/talaknama was granted by the petitioner Mahboob @
Mahboob Khan to respondent No.2. The respondent No.2 submits that
she had withdrawn her appeal. She submits that she will withdraw her
petition u/s 12 of D.V. Act on the next date of hearing i.e. 25.09.2017
from the court of learned MM Mahila Court, Saket District, New
Delhi. The petitioner Mahboob @ Mahboob Khan submits that he had
CRL. M.C 2901/2017 &
withdrawn his civil suit No.78/2015 for restitution of conjugal rights
from the court of learned Civil Judge (Jr. Divn.), Sri Ganga Nagar,
Rajasthan on 28.03.2017.
9. Today, the petitioner No.1 has paid the balance settlement amount of
Rs.1,50,000/- by way of 03 Demand Drafts bearing No.569386 dated
10.07.2017 for Rs.75,000/-, No.569385 dated 10.07.2017 for
Rs.25,000/-, No.569425 dated 24.07.2017 for Rs.50,000/-, all issued
by Oriental Bank of Commerce, Shisri, Sri Ganga Nagar, Rajasthan in
favour of respondent No.2, which have been accepted by her. She
submits that she has received the entire settlement amount from the
petitioner No.1. She submits that she does not want to pursue the said
FIRs. She submits that the said FIRs may be quashed.
10. Learned APP through IO in Crl.M.C. No.2901/2017 and learned ASC
through IO in WP(Crl.) 1032/2017 submit that the charge sheet has so
far not been filed in either of cases.
11. Both the parties submit that now nothing is due and recoverable by
them against each other. Since the parties have amicably settled all
their disputes, no fruitful purpose would be served in further pursuing
the said FIRs. Hence to secure ends of justice FIR bearing No. 87
/2016, registered on 12.02.2016, with Police Station South Campus,
South District, Delhi under Sections 354/323/506/509 IPC and FIR
bearing No. 464/2016, registered on 11.08.2016 with Police Station
Ambedkar Nagar, South East District, Delhi, under Sections
498A/406/34 IPC and proceedings arising out of both the said FIRs
CRL. M.C 2901/2017 &
are hereby quashed.
12. Both the petitions are disposed of accordingly.
13. Dasti.
VINOD GOEL, J.
SEPTEMBER 21, 2017
"sandeep"
CRL. M.C 2901/2017 &
